The Board has remanded the claims for service connection for gastroesophageal reflux disease (GERD) with Barrett’s syndrome and gastroparesis due to potential legal errors in previous decisions.
The deciding factor: The Court found that the Board erred in relying on medical opinions which employed the incorrect legal standard pertaining to aggravation, requiring addendum opinions.
- Claimed conditions
- gastroesophageal reflux disease (GERD) with Barrett’s syndrome, gastroparesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2020
- Citation
- 20066923
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for service connection for a gastrointestinal disability, compensation under 38 U.S.C. § 1151, and an extension of temporary total evaluation due to lack of compliance with previous remand directives.
- Denied
The Board denied service connection for pulmonary emphysema, gastroparesis, and granulomatous hepatitis due to a lack of evidence linking these conditions to the Veteran's military service or toxic exposure. The claim for left ventricular systolic dysfunction was remanded.
- Dismissed
The veteran withdrew the appeal for service connection for Barrett's esophagus, gastroparesis, obstructive sleep apnea, and degenerative joint disease.
- Remanded (sent back)
The Board remands the claims for initial compensable evaluations of asthma, gastroparesis, and irritable bowel syndrome to schedule VA examinations.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.